Refund for late delivery?

[Danny]

I bought a reconditioned monitor and paid for “Overnight Delivery From Dispatch“ (the cheapest option they had). Unfortunately it didn’t arrive, seems it got ‘lost’ in delivery. A second was sent out eventually, I finally got my monitor well over a week late.

Seeing as I paid £24.45 for delivery I think that if they can’t get it to me within the given time frame I don’t see why I should pay.

I talked the company I bought the monitor from and they told me that they won’t claim the money back from the courier because ‘there are hours of forms to full in’. Then they said something about how they can’t claim because the item got sent.
The only option they gave me was to return the monitor and I would receive a full refund, which is of no use to me as I want and need this monitor.

Any ideas anyone?

[carvell]

I've claimed off the royal mail for a late delivery, didn't contact the person who sent it at all, I just filled their address in the online form with my address, reason for claiming, then a cheque appeared a couple of days later.

With the royal mail it can all be done online, no idea about claiming off another courier company though.

Stick with the royal mail in future!
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Yamaha TDM 850

[Ste]

Speak to trading standards and they'll be able to set you in the right direction.

Keep on at them, and also what is the company called as I'm sure they could do with some free advertising like I did for Gear4Bikes .

[Danny]

Just spoken to trading standards, they reckon I don't really have a leg to stand on legally.

They recommended that I write to the company that sent the product and the courier company.

[tgabber]

You've also got to decide whether all your time and the hassle is going to be worth the 24.45.

Personally, I just wouldn't use the company again and wouldn't recommend them to anyone.
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"It's all about dislocating expectation"
Kawasaki KMX125 -> Aprilia RS125 -> Kawasaki ZZR600

[Danny]

I've written a letter to the company that sent the monitor, now I just need to write to the courier company now.

Good point tgabber, £24.45 is almost what I get paid for 5 hours work at the Cinema. Writing these letters is my last resort, if this doesn't help, I'll be happy to post up the name of the companies involved.

[Steve H]

Danny,

If the delivery time limit was specifically mentioned by the Company in their advertising literature and was highlighted as a preferred option then there is a possibility that they have breached their contract with you - no matter that it was the couriers fault.

The company that you purchased your goods from and gave your money to (as they offered the overnight delivery option) are whom you should be able claim from, they in turn can claim for a breach of contract from the courier that they employed.

You obviously cannot force them to give you your money back however it would appear to me that if the aforementioned scenario is the case then you have a valid claim. Threaten action through the Small Claims Court in your letter and give them a time limit to respond to you prior to you taking that action (eg 7 days from the date of your letter) even if you don't intend to go down that road a letter such as this may induce some form of positive response.

SteveH
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[Danny]

This is the letter so far, not sure how to incorporate your comments yet.

[Ste]

Seems to be okay, but you say you hope it can be resolved quickly, it would be worth outlining what you think should be done to resolve the situation.

I would ask for the cost of the delivery to be refunded as you didn't get the service which you paid for, although I expect if the offer you anything in refund they will offer to refund the difference between their normal delivery and the over night delivery prices.

[Sparks!]

DEFINETLY 100% threaten small claims court, even get a letter and fill it out and send them a photocopy..

I have a small claims court form around here if you want me to do it for you and send you a photocopy

We do this all the time and 99.9% of the time we get a cheque within a week of full payment for the work we've done etc. Slightly different scenario, but small claims court does usually work without actually costing you anything (unless you actually do proceed with claims)

Let me know and I'll sort out a small claims form if I can
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Current Toys: 06 Yamaha WR250F | Nissan 350Z GT | Tech 4 Homes

[Danny]

Send one over mate.

[Sparks!]

Gimme a short while to find it
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Current Toys: 06 Yamaha WR250F | Nissan 350Z GT | Tech 4 Homes

[Sparks!]

Oooohhh actually Danny, thinking about it, a small claim is put to your local courts, therefore our letters go to Portsmouth County Court and would be no good for you.

They have them at all post offices though I *think* so you could get one from your local.. if not log onto your local courts website and they'll more than likely have a downloadable form.
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Current Toys: 06 Yamaha WR250F | Nissan 350Z GT | Tech 4 Homes

[headlamp]

I had a simialr situation with Dixons Online. They sent a DVD, which the courier company delivered but as no-one was in, sent it to the depot for collection. I went to the depot, and they had sent it back to Dixons. I rang Dixons, cancelled the order, and then wrote an email to the MD.

I got a call on the Monday from Dixons, saying that they would give me a £30 gift voucher (although it was not their fault).

I suggest that you write (or call) the MD of the monitor company, calmly expressing your disatissfaction - the least you should expect is the cost of your postage refunded.
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Using a mobile phone while driving a car should be made a capital offence!

[carvell]

Danny: https://www.moneyclaim.gov.uk/csmco2/index.jsp
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Yamaha TDM 850

[G]

Remember... they are probably making money on the delivery.

Therefore as it is a product they are selling, it's up to them to provide it to the standards they state.

Usually when I've had this sort of problem I've got at the very least a credit note for use in the future, if not a refund of the delivery.

[Danny]

Got a reply via E-mail:

Subject: Without Prejudice

[Steve H]

Here's another one for you to try Danny

Dear Mr. Bennet,

Thankyou for your response to my letter.

I am however rather confused at the content of your reply as it doesn't really address the issue I have with the delivery of said item.

You mention in the letter that 'Normally before dispatch we need a reasonable number of working days to process, build and test products before they are packaged and dispatched as stated on our website' however on your website your terms and conditions state that 'Typically a PC will be dispatched within 48 hours after it is built and thoroughly tested, most other items will be dispatched immediately'.

You seem to be contradicting your website terms in that what you say is the norm doesn't seem to be correct as I would assume that the norm would be most cases. This then I would take to be a misdescription of your delivery services on your website if the position you are taking is correct as it would appear that very few items are dispatched immediately - Something that Trading Standards would take issue with I would expect.

I will reiterate my position to you that I have paid your Company and therefore whether you receive a refund from your courier is not my problem in view of the fact that my contract is solely with yourselves. You in turn have a contract with your courier and can take issue with the poor service that they obviously provided to your Company should you feel maligned enough to do so.

The amount I paid for the monitor is not relevant to my claim against you, the description of your delivery services and your efficiency is however and that is what my claim is based on.

Once again I look forward to receiving a response within 7 days from the date of this letter. If no response is received I will take civil action to recover the amount as previously stipulated.

Yours sincerely...

Good Luck

SteveH
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[Danny]

Thanks very much Steve H.

Just looked up the relevant bits on their site:

[Steve H]

Possibly Danny as (and I'm beginning to bore myself here ) you are paying AC for the whole service (i.e product and delivery) and if they choose to subcontract their delivery services then it is their perogagative however nothing to do with you.

Restriction of a Consumers Statutory Rights is a criminal offence (believe it or not!) and can be investigated by your Local Trading Standards Department under a piece of legislation called the Consumer Transactions (Restriction on Statements) Order 1976 should you wish to contact them.

I really must get out more

SteveH
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[Danny]

Good stuff mate.

I'll e-mail that reply that you wrote back to him.

[Danny]

Any more ideas, or should I just give up?

[True Blue]

Steve is right Danny, if they inform you in writing of a delivery time it then becomes part of the binding contract. I had a similar problem, where I ordered a bed and it wasn't delivered on the stated day. They wouldn't refund my money when I told them they could stick the bed up their arse. I had taken a day off my work UNPAID to be in the house for the delivery so wasn't best pleased when it didn't arrive.

Anyway, they soon refunded my money after this letter...




Re: Order No. 13101

On 17th February 2004 I placed the above order for a Silent Night mattress with you, for which I paid in advance. The mattress has not been delivered.

Under the Sale of Goods Act 1979 with amendments 1994 the written conformation of delivery date forms part of our binding contract. You are required to deliver the mattress to me within the day specified, which was 4th April 2004. As this period has elapsed since I placed the order, you have failed to fulfill this statutory requirement and are therefore in breach of contract.

I now consider our contract at an end, as I am entitled to do in law, and will expect you to refund the full purchase price of £269.00 plus carriage charge of £20.00 to me.

If you fail to return the full amount to me within seven days, I shall have no alternative but to issue a summons against you in the county court for recovery of the money without further reference to you.

Yours faithfully
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Past >>>> Honda NSR 125 >>>> Suzuki GSXR 600 K1 >>>> Suzuki GSXR 600 K4 >>>>Kawasaki Z1000 DAF >>>>Suzuki RMZ 250 >>>> Current >>>> KTM Superduke R 1290 >>>>

[hellkat]

By now you've probably wasted £124.45 worth of your time (and theirs AND ours, LOL), and "Carl" seems underwhelmed with your threat of Small Claims Court, so you'd prolly be as well not bothering, but a sharply worded finishing-retort letter might make you feel better.

(Carvell, interesting and useful link )
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Not nearly as interesting in real life.

[headlamp]

Mr. Bennett has an atitude problem. From what I have read you may have a case under Trades Description. Overnight delivery in this instance certainly was not overnight!
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Using a mobile phone while driving a car should be made a capital offence!